Could EU Antitrust Ruling Impact Intel's U.S. Case?

How could the EU ruling affect ongoing proceedings in the U.S., such as the pending case in the Delaware court? Balto said that while the European decision and similar rulings in other outside jurisdictions "[don't] limit what the [Delaware] court can do, it can help guide the court."

Albert Foer, president of the American Antitrust Institute, concurred.

"[The U.S. court] isn't bound by any foreign laws or the findings of a foreign court. But the lawyers' strategies, in terms of trying to settle a case, are affected by the increasing number of international jurisdictions that are finding against Intel," he said. "I would imagine that the findings and opinions of these other courts and authorities will find their way into the [U.S.] proceedings, as examples of conduct that is happening all over the world."

And if the European ruling is as punitive as many expect it to be, Intel itself may eventually conclude that continuing to battle yet another antitrust action isn't worth it, Foer speculated. With the EU expected to issue an extremely detailed 500-page report to accompany its ruling, Foer said opposing counsel was potentially being handed a blueprint for handling Intel in court.

"How many times will Intel want to bump its head up against another court, when they keep finding the same facts and interpreting them the same way? If they don't settle, then they go to trial," Foer said.

The new attitude toward antitrust enforcement at the Justice Department is another factor that Intel will have to consider, said Ed Black, president of the Computer and Communications Industry Association (CCIA).

"The fact that the EU is a very respected antitrust authority is important. The fact that the global track record is not good for Intel is important. The U.S. antitrust authorities won't follow somebody else's lead just to do it, but with the new administration, there's more synchronization with other antitrust authorities around the world," Black said.

"For Intel, not only the management but the board of directors needs to be asking if this needs to continue to be litigated. I would think it would be wise to stop fighting and start complying. Having said that, I've seen no indication that that's [Intel's] intention."

As with the proceedings in Europe, the case against Intel in the U.S. involves allegations of pressuring OEMs, retailers and small system builders to fully or partially spurn AMD products in return for rebates, cash payments, discriminatory pricing or the withholding of marketing funds. AMD's summary of its complaint in the Delaware court alleges that "Intel's economic coercion is pervasive and extends to customers at all levels of the x86 ecosystem -- from large computer or original equipment manufacturers (OEMs) like Hewlett-Packard, to small system builders, to wholesale distributors, to retailers such as Circuit City." In fact, AMD's complaint reads like a who's-who of the PC industry, with companies alleged to have been pressured by Intel including HP, Circuit City, Best Buy, Dell, Sony, Toshiba, Gateway, Hitachi, NEC, Acer and Fujitsu. While most of the evidentiary materials in the ongoing Delaware case remain under seal, interesting details have emerged, such as the deposition of Dell CEO Michael Dell in February.